Essay heading: On the Ligitimacy of the Exclusionary Rule

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September 2, 2002






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7 / 1942


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If only things were that simple. There are several objections to the exclusionary rule, and some of them effectively point out the shortcomings thereof. However, none of them separate nor all of them together constitute a valid case for the abolition of the exclusionary rule. The first objection is a common sense rationale that the function of the exclusionary rule is to let the guilty go free on the grounds that the evidence collected against the defendant was done so illegally...
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Based on this fact, there are three arguments against the ruling. The first is the utilitarian rationale that letting guilty people loose on the grounds that the evidence against them was illegally places more criminals on in society than would otherwise be without the exclusionary rule, thus creating a danger to society...
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